NOTIFICATION NO. 33/2007, DT. 08/10/2007

(This Notification has been superseded vide NTF. NO. 72/2010, DT. 09/09/2011)

NOTIFICATION NO. 33/2007, DT. 08/10/2007

Amendments in existing entry at Sl. No.46A of Chapter 10 under Schedule 2 of ITC(HS) (Wheat and meslin)

S.O.(E) In exercise of the powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) read with Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2004-2009, the Central Government hereby makes the following amendments in the ITC(HS) Classifications of Export and Import items, 2004-2009 as amended from time to time :

In supersession of earlier Notification No. 44(RE-2006)/2004-2009, dated 09th February, 2007, the following new entry shall be substituted for existing entry at Sl. No.46A of Chapter 10 under Schedule 2 of ITC(HS) with immediate effect : -

Sl. No.	Tariff Item HS Code	Unit	Item Description	Export Policy	Nature of Restriction
46A	1001	Kg	Wheat and meslin	Prohibited	Not permitted to be exported.
	100110	Kg	Durum wheat :	Prohibited	Not permitted to be exported.
	10011010	Kg	Of seed quality	Prohibited	Not permitted to be exported.
	10011090	Kg	Other	Prohibited	Not permitted to be exported.
	100190	Kg	Other:	Prohibited	Not permitted to be exported.
	10019010	Kg	Wheat of seeds quality	Prohibited	Not permitted to be exported.
	10019020	Kg	Other wheat	Prohibited	Not permitted to be exported.
	10019031	Kg	Meslin of seed quality	Prohibited	Not permitted to be exported.
	10019039	Kg	Other	Prohibited	Not permitted to be exported.
	1101	Kg	Wheat Flour (Maida), Samolina (Rava / Sirgi), Wholemeal atta and resultant atta	Free	(i) The export is permitted subject to a limit of 6,50,000 tonnes during the period from 3rd July, 2009 to 31st March, 2011; (ii) Exports shall be allowed only from Customs EDI Ports.
	[OLD-1101	Kg	Wheat Flour (Maida), Samolina (Rava / Sirgi), Wholemeal atta and resultant atta	Free	(i) The export is permitted subject to a limit of 6,50,000 tons upto 31st March, 2010; (ii) Exports shall be allowed only from Customs EDI Ports.]
	[OLD-1101	Kg	Wheat Flour (Maida), Samolina(Rava/Sirgi), Wholemeal atta and resultant atta	Prohibited	Not permitted to be exported. ]

(In above table ITC (HS) code 1101 at Sl. NO. 46A has been substituted vide NTF. NO. 41/2009, DT. 18/0/2010 with immediate effect)

(Pl. refer NTF. NO. 117/2008, DT. 13/07/2009 - regarding export of wheat through M/s. MMTC Ltd., M/s STC & M/s. PEC Ltd. stands withdrawn)

(In above Table tariff item HS code 1101 has been substituted vide NTF. NO. 116/2008, DT. 03/07/2009)

Sub-heading Note :

The term “durum wheat” means wheat of the Triticum durum species and the Hybrids derived from the inter-specific crossing of Triticum durum which have the same number (28) of chromosomes as that species.

2. The prohibition shall remain in force till further orders.

2.1 The prohibition imposed by this Notification on export of wheat flour shall not be applicable to export of 17,000 MT of wheat flour to Maldives through STC/MMTC.

(Above paragraph 2.1 has been added vide NTF NO. 71/2007, DT. 07/01/2008 with immediate effect)

2.2 The prohibition imposed by this Notification on export of wheat flour shall not be applicable to export of 22,100 MT of wheat flour during 2008-2009 to Maldives through STC/MMTC.

(Above paragraph 2.2 has been added vide NTF NO. 74/2007, DT. 05/02/2008 with immediate effect)

2.3 The prohibition imposed by this Notification on export of wheat flour shall not be applicable to export of 50 MT of wheat flour(atta) to Bangladesh to be supplied by the Government of West Bengal as relief material.

(Above paragraph 2.3 has been added vide NTF NO. 79/2007, DT. 18/02/2008 effective from 15.02.08)

2.4 The prohibition imposed by this Notification on export of wheat shall not be applicable to export of 950 MT of wheat to Myanmar through NAFED.

2.5 The prohibition imposed by this Notification on export of wheat shall not be applicable to export of 10,000 MT of wheat to Nepal through MMTC.

(Above paragraph 2.4 & 2.5 has been added vide NTF. NO. 71/2008, DT. 10/12/2008)

2.6 The prohibition imposed by this Notification on export of wheat flour shall not be applicable to export of 29,177 MT of wheat flour during 2009-10, to Maldives through M/s. PEC Limited.

(Above paragraph 2.6 has been added vide NTF. NO. 85/2008, DT. 13/02/2009)

2.7 Ban on export of wheat shall not be applicable to export of wheat as following:-

Tariff Item HS Code	Item Description	Name of PSU through which export to be made and nature of restriction
1001	Wheat and meslin	1. Export of wheat shall be limited to 3,00,000 MTs each through MMTC Ltd., PEC Ltd., and STC Ltd, respectively upto 31st March, 2010; 2. No subsidy will be given for such exports; 3. Exports shall be allowed only from Customs EDI Ports.
100110	Durum wheat :
10011090	Other
100190	Other:
10019020	Other wheat
10019039	Other

Sub-heading Note: The term “durum wheat” means wheat of the Triticum durum species and the Hybrids derived from the inter-specific crossing of Triticum durum which have the same number (28) of chromosomes as that species.

(Above para 2.7 has been added vide NTF. NO. 115/2008, DT. 03/07/2009)

2.8 Ban on export of wheat shall, however, not be applicable to export of organic wheat as follows:-

Tariff Item HS Code	Item Description	Nature of restriction
1001	Organic Wheat	(i) Export of organic wheat duly certified by APEDA shall be permitted subject to a limit of 5,000 MT per annum; (ii) Export allowed is also subject to registration of contracts with APEDA, New Delhi prior to shipment; (iii) Exports shall be allowed only from Customs EDI Ports.”

(Above para 2.8 has been inserted vide NTF. NO. 19/2009, DT. 07/12/2009)

2.9 The prohibition imposed by this Notification on export of wheat shall not be applicable to export of 50,000 MT of wheat to Nepal through Food Corporation of India.

(Above para 2.9 has been added vide NTF. NO. 29/2009, DT. 09/02/2010)

2.10 The prohibition imposed by this notification on export of wheat shall not be applicable to export of 2,00,000 MT of wheat to Bangladesh through Food Corporation of India.

(Above para 2.10 has been substituted vide NTF. NO. 56/2009, DT. 06/08/2010)

[OLD-
2.10 The prohibition imposed by this notification on export of wheat shall not be applicable to export of 4,00,000 MT of wheat to Bangladesh through Food Corporation of India. ]

(Above 2.10 has been added vide NTF. NO. 40/2009, DT. 12/05/2010 with immediate effect)

2.11 The prohibition imposed by Notification No. 33(RE-2007)/2004-2009, dated 08.10.2007 on export of wheat shall not be applicable to export of 2,50,000 MT of wheat to Afghanistan through Food Corporation of India.

(Above 2.11 has been substituted vide NTF. NO. 44/2010, DT. 02/05/2011)

[OLD-
2.11 The prohibition imposed by Notification No. 33(RE-2007)/2004-2009, dated 08.10.2007 on export of w heat shall not be applicable to export of 1,00,000 MT of wheat to Afghanistan through Food Corporation of India.]

(Above 2.11 has been added vide NTF. NO. 27/2010, DT. 28/02/2011)

2.12 The prohibition imposed by Notification No. 33(RE-2007)/2004-2009, dated 08.10.2007 on export of wheat products shall not be applicable to export of the following quantities of wheat flour to Maldives through the PSUs indicated below:

Item	Year	Quantity in MTs	Name of PSU
Wheat Flour	2011-12	32,095	MMTC Ltd
	2012-13	35,304	MMTC Ltd
	2013-14	38,835	MMTC Ltd

(Above para 2.12 has been substituted vide NTF. NO. 53/2010, DT. 07/0/2011)

[OLD-

2.12 The prohibition imposed by Notification No. 33(RE-2007)/2004-2009, dated 08.10.2007 on export of wheat products shall not be applicable to export of 32,094.70 MT of wheat flour to Maldives through M/s. MMTC Ltd.]

(Above 2.12 has been added vide NTF. NO. 43/2010, DT. 20/04/2011 - This quantity shall be exported by M/s. MMTC Ltd. during the Financial Year 2011-12 i.e. upto 31.03.2012.)

3. This issues in Public Interest.

(R.S. GUJRAL)
Director General of Foreign Trade
And Ex-Officio Additional Secretary to the Govt. of India

(Issued from F.No.01/91/180/1254/AM07/PC-III)